Duarte

Duarte v. Nisson CA2/2

Good Law
Court of Appeal of CaliforniaMarch 30, 2026B342145California2,112 words

Opinion

Opinion

Chavez, J.

BACKGROUND

We recognize only those facts supported with a citation to the record on appeal. On January 9, 2024, appellant filed her verified complaint against respondents for professional negligence (legal malpractice) and breach of fiduciary duty. The underlying lawsuit and respondents’ representation of appellant The complaint alleged that on December 17, 2019, appellant filed a complaint against Milestone, Milestone Financial LLC, and Mortgage Lender Services, Inc., for the following causes of action: (1) violation of Civil Code section 2923.5, (2) negligence, (3) slander of credit, (4) cancellation of instruments, (5) violation of Civil Code section 1671, (6) accounting, and (7) violation of Business and Professions Code section 17200 et seq. (underlying lawsuit). The defendants in the underlying lawsuit filed a motion to compel arbitration. Prior to

2 the hearing on the motion to compel arbitration, on February 26, 2020, appellant’s former attorney’s motion to be relieved as counsel was granted. Appellant was then “forc[ed] to represent herself in pro per due to financial constraints.” According to the complaint, appellant was represented by respondents in the underlying…

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